MCA s21 text: Difference between revisions
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'''Transfer of proceedings relating to people under 18''' | '''Transfer of proceedings relating to people under 18''' | ||
The Lord Chancellor may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order- | 21.—(1) The [Lord Chief Justice, with the concurrence of the Lord Chancellor,]<ref name="LCT">[[Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006]]</ref> may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order- | ||
:(a) from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or | :(a) from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or | ||
:(b) from a court having jurisdiction under that Act to the Court of Protection. | :(b) from a court having jurisdiction under that Act to the Court of Protection. | ||
[(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— | |||
:(a) the President of the Court of Protection; | |||
:(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).]<ref name="LCT"/> | |||
{{mca-orig}} | {{mca-orig}} | ||
<references/> | |||
</div> | </div> | ||
Latest revision as of 01:16, 6 August 2015
Transfer of proceedings relating to people under 18
21.—(1) The [Lord Chief Justice, with the concurrence of the Lord Chancellor,][1] may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order-
- (a) from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or
- (b) from a court having jurisdiction under that Act to the Court of Protection.
[(2) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—
- (a) the President of the Court of Protection;
- (b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).][1]
Amendments
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.